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New Zealand Law

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I bought my property in Auckland 2 years ago. The agent

Customer Question

Hi, I bought my...

Hi, I bought my property in Auckland 2 years ago. The agent disclosed that water collected out the back in heavy rain because the run off drain needed to be cleaned from time to time. That was it. However after I moved in in June 2016, the flooding was significant and I had to sandbag the garage doors. I had the drainage run off tank cleaned and flooding continued. I got them to put a camera in to see what the problem was, they couldn't see anything. I had spent $835 by now. I contacted the owner, he said that it didn't really worry him because it did drain away eventually and his kids liked to play in it, He said he would have put in a solution down the driveway, however this was well after I bought the house and I was worried about it. I spoke to the neighbours, They also had issues because the area is volcanic and water is drained via soak holes, not stormwater drainage, and they are about 50 years old now. So I had the soak hole cleaned, added 2 more downpipes and sumps to the house, replaced the guttering on the garage, still flooded.Now have spent around $4K. In 2017 I was diagnosed with cancer and underwent radiation/chemo treatment and just left the sandbags out all winter. Now I need to sell and downsize because I can't manage the house and section, let alone the drainage. I've had drain layer, concrete cutter, hydrologist to have a look, It is not an easy fix, and will cost at least 6-10K, possible more. One of my neighbour got his costed at @

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, I haven't done anything, I have no money to fix it and I would lose too much if I sell it without fixing it, and I would never have bought it had the defect been fully revealed to me. The questions I have - is there a time limit after you've bought the property, and would I be better in the first instance to write to the previous owners and see if they are prepared to pay to get it fixed?

Lawyer's Assistant: You have to pay for your first question. If you sign up for a membership, there is a free trial for questions after that.

How much is that

Lawyer's Assistant: Where is the house located?

Onehunga

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How much does this cost please

Lawyer's Assistant: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive than face-to-face would cost. And you're covered by our 100% satisfaction guarantee.

You could claim against the previous owner but the problem is that you were told about the issue, and the owner will say you should have obtained expert advice. But there is a six year time limit and you should at least ask them to contributeThe purchaser has an obligation to check the condition of the property when you decide to buy and so once you sign up and realise there is a problem you should check. If the cost is under $15,000 you could bring a claim without a lawyer in the Disputes Tribunal

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Customer reply replied 7 months ago

Even if it was not fully revealed, because I was happy to get the drain cleaned out but did not realise that the problem was not the drain, but that the soak hole is acting as a water storage tank instead of a drainage mechanism, so the problem could never be resolved by having the drainage tank cleaned, which is basically just a concrete bucket with a grate on top. To fix it, the water has to have drainage installed to drain it out down the driveway and over the road to a stormwater drain. My neighbour got a costing for that for $20K, shall I send you the email I got from the previous owner after I had moved in?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).